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THE BOEING COMPANY GENERAL PROVISIONS (GP) 1. …

The BOEING COMPANY International PROVISIONS (SP3). THE BOEING COMPANY GENERAL PROVISIONS (GP) referenced in this contract is modified by the following additional clauses: 1. ENGLISH LANGUAGE. a) The parties agree that this contract, as well as all contractual documents, correspondence, invoices, notices, and other documents, shall be in American English. Any necessary conversations shall be in English. Buyer shall determine whether measurements will be in the English or metric system or a combination of the two. Seller shall not convert measurements that Buyer has stated in the English system into the metric system in documents furnished to Buyer. b) The following sentence is applicable only to companies located in Quebec, Canada: "Les parties aux presentes ont convenu de rediger ce contrat en Anglais seulement." [Translation: The parties hereto have agreed that this contract be drafted in English only.]. 2. UNITED STATES CURRENCY. Unless otherwise specified elsewhere herein, all prices and payments shall be in the currency of the United States ( dollars), with no prices or payments adjusted for changes in currency exchange rates.

The Boeing Company International Provisions (SP3) D0 6000 6007 REV (14 Feb 2008) 1 THE BOEING COMPANY GENERAL PROVISIONS (GP) referenced in this contract is modified by the following additional clauses:

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Transcription of THE BOEING COMPANY GENERAL PROVISIONS (GP) 1. …

1 The BOEING COMPANY International PROVISIONS (SP3). THE BOEING COMPANY GENERAL PROVISIONS (GP) referenced in this contract is modified by the following additional clauses: 1. ENGLISH LANGUAGE. a) The parties agree that this contract, as well as all contractual documents, correspondence, invoices, notices, and other documents, shall be in American English. Any necessary conversations shall be in English. Buyer shall determine whether measurements will be in the English or metric system or a combination of the two. Seller shall not convert measurements that Buyer has stated in the English system into the metric system in documents furnished to Buyer. b) The following sentence is applicable only to companies located in Quebec, Canada: "Les parties aux presentes ont convenu de rediger ce contrat en Anglais seulement." [Translation: The parties hereto have agreed that this contract be drafted in English only.]. 2. UNITED STATES CURRENCY. Unless otherwise specified elsewhere herein, all prices and payments shall be in the currency of the United States ( dollars), with no prices or payments adjusted for changes in currency exchange rates.

2 3. IMPORT/EXPORT. a) Purchase orders issued pursuant to this contract shall specify the applicable International Commercial Terms of Sale (Incoterms) and the United States importer of record for all items procured under this contract. b) In performing the obligations of this contract, both Parties will comply with all applicable export, import and sanctions laws, regulations, orders, and authorizations, as they may be amended from time to time, applicable to the export (including re-export) or import of goods, software, technology, or technical data (Items) or services, including without limitation the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and regulations and orders administered by the Treasury Department's Office of Foreign Assets Control (collectively, Export/Import Laws). c) The Party conducting the export or import shall obtain all export or import authorizations which are required under the Export/Import Laws for said Party to execute its obligations under this contract.

3 Each Party shall reasonably cooperate and exercise reasonable efforts at its own expense to support the other Party in obtaining any necessary licenses or authorizations required to perform its obligations under this contract. Reasonable cooperation shall include providing reasonably necessary documentation, including import, end-user and retransfer certificates. d) The Party providing Items or services under this contract shall, upon request, notify the other Party of the Items or services' export classification ( , the Export Control Classification Numbers or United States Munitions List [USML] category and subcategory) as well as the export classification of any components or parts thereof if they are different from the export classification of the Item at issue. The Parties acknowledge that this representation means that an official capable of binding the Party providing such Items or services knows or has otherwise determined the proper export classification.

4 Each Party agrees to reasonably cooperate with the other in providing, upon request of the other Party, documentation or other information that supports or confirms this representation D0 6000 6007 REV (14 Feb 2008) 1. The BOEING COMPANY International PROVISIONS (SP3). 4. DUTY FREE/SPECIAL TARIFF PROGRAMS/FREE TRADE AGREEMENTS. a) In addition to the required commercial invoice, packing list and bill of lading, Seller shall provide the following documentation to support any duty free, special tariff programs or free trade agreements as applicable prior to shipping to the United States. 1) North American Free Trade Act (NAFTA) Original or blanket NAFTA Certificate of Origin 2) Civil Aircraft Agreement Qualification statement, affidavit 3) Generalized System of Preferences (GSP) GSP declaration 4) Israeli Free Trade Act Form A. 5) Caribbean Basin Economic Recovery Act (CBERA) CBERA declaration 6) Caribbean Basin Trade Partnership Act (CBTPA) CBTPA declaration 7) African Growth Opportunity Act Qualification statements, affidavits 8) Chilean Free Trade Act (CFTA) CFTA declaration 9) Jordan Free Trade Act (JFTA) JFTA declaration 10) Singapore Free Trade Act (SFTA) SFTA declaration 11) Australian Free Trade Act (AFTA) AFTA declaration b) The facts contained in the documentation shall be verified by the Seller and originally signed by the verifying official who has direct knowledge of the facts contained in the documentation.

5 C) If a blanket certificate is issued, the information shall be revised accordingly whenever changes occur and the document shall be verified on an annual basis by the Seller and resubmitted to the Buyer on an annual basis during the life of the contract. 5. NO CONTRIBUTIONS, FEES, AND COMMISSIONS. Seller will not directly or indirectly authorize, promise, offer or make any payment, gift or contribution to any person, organization, government, government representative, political party or organization that would constitute or appear to constitute a bribe, kickback, or other illegal payment under any applicable law, including the United States Foreign Corrupt Practices Act, either during or after termination of the contract. In addition, Seller will not directly or indirectly authorize, promise, offer or make any political contributions as defined in 22 Code of Federal Regulations (CFR) or any fees or commissions as defined in 22 CFR 6. PACKING, SHIPPING, AND TRANSPORTATION.

6 This clause applies in lieu of the clause entitled "Packing and Shipping" found in The BOEING COMPANY GENERAL PROVISIONS (GP) applicable to and referenced in this contract. a) GENERAL Packing and Shipping Instructions Unless this contract specifies otherwise, Seller will ship the Goods in accordance with the following instructions. If Seller is unable to comply with the packing and shipping instructions in this contract, Seller will contact Buyer's Supply Chain Logistics analyst or packaging engineer referenced elsewhere in this contract or Buyer's Authorized Procurement Representative. b) Packing If Goods are damaged or have deteriorated as a result of improper packing or packaging, Seller shall, at Buyer's option, either repair or replace the Goods or reimburse Buyer for the damaged or deteriorated Goods. D0 6000 6007 REV (14 Feb 2008) 2. The BOEING COMPANY International PROVISIONS (SP3). Buyer may charge Seller for damage to or deterioration of any Goods resulting from improper packaging.

7 Seller shall pack the Goods in accordance with D37522-6, Supplier Packaging Instructions.. Wood Packaging Materials (WPM) All wood packaging for items being imported to the United States shall meet the requirements of International Standards for Phytosanitary Measures (reference publication No. 15, Guidelines for Regulating Wood Packaging Material in United States Department of Agriculture [USDA] website: USDA Plant Protection and Quarantine WPM). All Goods to be furnished to Buyer under this contract shall be prepared and packed for shipment in a manner acceptable to Buyer to comply with carrier regulations and prevent damage or deterioration during handling, shipment, and storage for up to 90 days at destination. Any package or unitized or consolidated group of packages weighing in excess of 45 kilograms or otherwise not suited to manual handling shall be provided with skids to permit use of mechanical handling equipment. c) Packaging Design When requested by Buyer, Seller shall submit to Buyer two copies of Seller's proposed preparation procedure and packing design, not less than 30 days before first shipment, for Buyer approval, and Seller shall prepare and package in accordance with the procedure and design approved by Buyer.

8 D) Inner Package In addition, each unit container, including individual part, box, or other innermost package, each intermediate container, and each shipping container within each shipment shall be marked in English in accordance with Buyer's written instructions. The number 1 shipping container of each shipment shall contain: 1) A packing list indicating in English the contents of the entire shipment in accordance with Buyer's written instructions;. 2) One copy of any test or other report required by the applicable contract specifications;. and 3) Securely attached to its exterior, one copy of Seller's commercial invoice enclosed in a waterproof wrapper and clearly marked Commercial Invoice. Additional copies, if any, of packing lists, reports, and Customs or other invoices shall be furnished to Buyer in accordance with Buyer's written instructions. e) Shipment Routing Instructions 1) Buyer will select the freight forwarder and mode of transportation for all shipments where freight costs will be charged to Buyer.

9 The Shipment Routing Instructions . International are available on Buyer's website through the Supplier Portal at 2) Instructions apply to Seller inbound collect Incoterms EXW, FCA, FAS, and FOB for parts, materials and tooling shipments destined for all Buyer locations. The Shipment Routing Instructions International are on the Supplier Portal. 3) Goods sold Incoterm EXW, FCA, FAS, and FOB shall be forwarded freight collect. 4) Seller shall make no declaration concerning the value of the Goods shipped for insurance purposes. 5) Items shipped on the same day shall be consolidated on one bill of lading or airway bill. Seller shall not insure any Incoterm EXW, FCA, FAS, or FOB shipment. Prepaid D0 6000 6007 REV (14 Feb 2008) 3. The BOEING COMPANY International PROVISIONS (SP3). shipment with added handling charges is not authorized and Seller will not be reimbursed. 6) Sellers' failure to comply with these routing instructions will result in Seller liability for excess and/or reversal of freight charges and a $100 administrative expense.

10 7) The price includes shipping charges for Goods sold Incoterm CFR, CIF, CPT, CIP, DAF, DES, DEQ, DDU, and DDP. Note: CFR here means Cost and Freight. 8) Seller shall comply with carrier/freight forwarder tariffs. f) Compliance to Shipment Routing Instructions Seller must follow Buyer Shipment Routing Instructions International and use freight forwarder or carrier specified in these instructions. Buyer Shipment Routing Instructions . International can be found on the Supplier Portal under Shipping Instructions. Failure to follow these routing instructions will compromise shipment security, increase transportation cost to Buyer and lead to debiting Seller for repeated non-compliance. g) Documents The shipping documents will describe the material according to the applicable classification and/or tariff. A shipment containing dangerous goods and non-dangerous goods must have separate packing sheets for the dangerous goods and non-dangerous goods. Shipments by Seller or its subcontractors must include packing sheets containing Buyer's contract or order number, line item number, description and quantity of Goods shipped, part number or size, if applicable, and appropriate evidence of inspections.


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